“The last thing we may want to do is read Boston suspect
Miranda Rights telling him to ‘remain silent,’ ” Graham said in a
follow-up tweet.

Graham’s comments signal that the fight over how the Obama
administration prosecutes the war on terrorism is poised to be re-ignited by
the Boston attack.

Graham and other foreign policy hawks have fought to give
the military the ability to detain terror suspects with ties to al Qaeda, even
if they are captured on U.S. soil or are American citizens.

They have been upset at the Obama administration prosecuting terrorism suspects like the "underwear bomber" in federal court, rather than in a military tribunal as a member of al Qaeda.

They argue that the war on terror makes America part of
the battlefield and say that terrorists should not be given more incentive to
attack on U.S. soil with due process protections, rather than overseas.

“I think the administration is criminalizing the war,”
Graham told reporters on Tuesday.

But Democrats and libertarians warn that not subjecting U.S.
citizens to their due process rights — even if they have committed acts of
terrorism — would violate the U.S. Constitution.